Case v. Nebraska, 381 U.S. 336 (1965)

U.S. Supreme Court

Case v. Nebraska, 381 U.S. 336 (1965)

Case v. Nebraska

No. 843

Argued April 28, 1965

Decided May 24, 1965

381 U.S. 336

Syllabus

Petitioner filed a habeas corpus petition in a Nebraska state court claiming unconstitutional denial of the right to counsel when he pleaded guilty to a burglary charge. The State Supreme Court affirmed the trial court's dismissal of the petition on the ground that habeas corpus was unavailable in Nebraska to release a prisoner if the sentencing court had requisite jurisdiction and the sentence was within its power. After this Court granted certiorari, Nebraska enacted a postconviction procedure statute apparently providing a hearing for petitions such as petitioner's.

Held: the judgment is vacated, and the cause remanded to the Nebraska Supreme Court for reconsideration in light of the supervening statute.

177 Neb. 404, 129 N.W.2d 107, vacated and remanded.

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